Slide 1

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 2

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 3

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 4

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 5

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 6

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 7

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 8

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]


Slide 9

Conferinţa Naţională ALB - 2006
Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution
“Public Institution” means:



Central Public Administration: e.g. the Parliament, ministries, other
public authorities and all institutions in their subordination;



Subnationals (unitati administrativ teritoriale): counties, cities, other
municipalities; and



Public institutions and public services having legal personality and are
subordinated to Subnationals: e.g. regii autonome and trade
companies.

Lease Objects

 Up to present: Mainly Vehicles and Equipment Leasing.
 Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework
 Government Emergency Ordinance no. 34/2006
concerning awarding of public procurement agreements,
public works concession agreements and services
concession agreements and subsequent regulations; and
 Article 5 of GEO 34/2006: Definition of the Supply
Agreement (Contractul de furnizare): finance or operating
leasing.

Prerequisites
 Investments Approval
 Budgeting
 Preparation of the Public Tender

Public Tender & The Contract
 Tender Book (Caietul de Sarcini)
 Supplier Leasing Company Consortium
 Three Party Supply & Leasing Agreement / Separate
Agreements

Collaterals & Specific Problems
 Municipal Guarantee
 Other Collaterals
 Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA
ATTORNEYS AT LAW / RECHTSANWÄLTE
30 Dacia Blvd, 4th Floor, Sector 1, Bucharest
T: +40 21 319 67 90; F: +40 21 319 67 91;
E: [email protected]